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1 year TA stated - "both tenant & landlord can give one month notice for early termination of tenancy after a minimum occupation period of 6 mths. In this case, the deposit shall be refunded after deductions for damages caused by the tenant if any."

I hav fulfilled the above min stay of 6 mths & 1 mth notice, but now landlord is asking to compensate her a prorate agent fee. My agent also said that I have to pay this fee as this is the 'market practice' although it is not stated in the TA.

Can anyone advise who is right? I really have to follow the 'market practice' that not stated in the TA? Thanks :)
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2 Answers

Geryl Lim
Replied
Dear Heidi,

Have you read further down in the tenancy agreement where it could have stated the compensation clauses for premature termination? All the tenancy agreement involving premature termination clauses I have prepared will have this compensation terms stated within and it is common to be compensating the landlord of the service fees they have paid pro-rated.

If you are unsure about the terms and conditions and wish to seek professional legal advise, please check with your legal team on whether such compensation is applicable.

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  • HO
    Replied
    Our TA was not stated this prorate compesate clause, thanks you for your advise.
Mike Lim
Replied
Morning Ms. Heidi,

Most TA would indicate the need to reimburse the landlord on the commission payable should the tenant choose to terminate the lease before it matures. You can opt to disregard the claim if it's not indicated in black and white.

FYI
Mike Lim
 96929209 
m52i@yahoo.com
ERA Read More
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  • HO
    Replied
    Hi Mike,

    Thanks you for your advise.

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